GOVERNMENT OF TAMIL NADU Vs. V RAMARATHINAM

JUDGEMENT

(1.) BY consent of both sides, the Writ Appeal was taken up for final disposal at the admission stage.

(2.) BEING aggrieved by the order of the learned single Judge in W.P.No.13230/1987 dated 18.9.2008 directing payment of 50% of back wages and all other retrial benefits to the Respondent as if he was in service till the date of his superannuation in 1997, State has preferred this appeal.

(3.) LEARNED single judge allowed the writ petition holding that the procedure for imposing major penalty under Rule 17 (b) of the Tamil Nadu Civil Services (Classification Control and Appeal) Rules was not followed. It was further held that there was violation of mandatory provisions of procedure contemplated under Rule 17 (b) TNCS (CCA) Rules which would vitiate the order of termination. LEARNED single Judge further observed that when the Respondent was charged with as many as 55 grave charges, the Appellants should have taken the matter with seriousness and ought to have strictly followed the major penalty proceedings contemplated under Rule 17 (b) of TNCS (CCA) Rules.